Legal Question in Family Law in Virginia
I am the father of a 12 year old son. My ex-wife and I have joint custody. Her 4th husband has filed a "Petition" that contains no information except name, address and SSN of me, my son, his mother and her 4th husband. He told me he is seeking "joint custody" of my son. The courthouse intake office says anyone can file for that, with the correct information, and no reason need be given until court. I am seeking more information besides "difficulties with current custody and visitation." Mom has a child from husband #1, a child from husband #2 and my son with me, husband #3. No children with #4.
2 Answers from Attorneys
Under Virginia Supreme Court Rule 8:8(d), you may request that the judge order the petitioner to file a "bill of particulars" setting out the facts on which he is basing his request for a change of custody. When you file this request, you need to mail a copy to the petitioner, your ex-wife and the guardian ad litem, if there is one, at the same time, and file a certificate with the court stating that you have done so.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+scr+vscr-8Z8
Hope this helps
You would be well advised to at least arrange for a consultaion with a local attorney regarding this matter who is knowledgeable and experienced in the domestic relations laws of the Commonwealth and who can advise you, accordingly.
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